(1) Any person whose activities have injured or will injure the plaintiff’s property or interests may be made a defendant.
844.17.Defendants.
Ch. 844: Interference with Interest; Physical Injury · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 844.17 lets a plaintiff sue anyone whose activities have injured or will injure the property or interest, and lets any defendant defend on the ground that the plaintiff lacks an interest, or a sufficient one, to justify the relief sought.
Full Text of Section 844.17
(2) A defendant may defend on the ground that the plaintiff has no interest in the property, or that the plaintiff’s interest is insufficient to entitle the plaintiff to the relief demanded.
Plain-English Summary
Section 844.17 covers both sides of a chapter 844 case: who can be sued, and what a defendant can argue in response. Subsection (1) casts a wide net over defendants — any person whose activities have injured, or will injure, the plaintiff’s property or interests may be made a defendant, covering both completed harm and threatened future harm.
Subsection (2) gives a defendant a direct way to challenge the case at its foundation: the defendant may defend on the ground that the plaintiff has no interest in the property at all, or that whatever interest the plaintiff has is insufficient to entitle the plaintiff to the relief demanded. This ties back to Section 844.01’s requirement that a plaintiff own or claim an interest in the property to sue in the first place, and to Section 844.15’s rules about who may sue based on their particular interest.
Frequently Asked Questions
Can I sue someone whose activity threatens future injury to my property, or only for harm that already happened?
Both. Section 844.17(1) allows any person whose activities have injured or will injure the plaintiff’s property or interests to be made a defendant.
What can a defendant argue to challenge whether the plaintiff even has a claim?
Section 844.17(2) lets the defendant defend on the ground that the plaintiff has no interest in the property, or that the plaintiff’s interest is insufficient to entitle the plaintiff to the relief demanded.
Does the plaintiff’s interest have to match the specific relief they are seeking?
The defense in Section 844.17(2) is framed around whether the plaintiff’s interest is sufficient to entitle the plaintiff to the relief demanded, so the adequacy of the interest is measured against the relief sought.
Can more than one person be named as a defendant if multiple parties contributed to the injury?
Section 844.17(1) refers to any person whose activities have injured or will injure the plaintiff’s property, which does not limit the action to a single defendant.
Is lacking any interest in the property a complete defense?
Yes. Section 844.17(2) allows a defendant to defend on the ground that the plaintiff has no interest in the property at all, which would defeat the claim outright.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 844.17; 1993 a. 486.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin who can be sued for property injurydefense plaintiff lacks interest wisconsinfuture injury lawsuit wisconsin real property844.17 defendants